This was a chunk from an article recently published in the ISBA’s General Practice, Solo, and Small Firm newsletter (sorry password protected). They actually have a very good newsletter well worth the $20 per year…and I’m not just saying that because I’m a member. Note the below. I added variations of the below to our agreements:
Unavailability of Attorney/Client’s Consent to Temporary Substitute Attorney/Limited Confidentiality Waiver. In the event attorney is unavailable or becomes ill, disabled or dies unexpectedly, client consents to another lawyer, chosen by attorney or attorney’s legal representative, appearing for the attorney and to the extent necessary reviewing the file and handling the file until attorney becomes available or a successor attorney is chosen by client. For this limited purpose, client waives confidentiality and consents to the other lawyer’s appearance and access to clients’ file for the purpose of taking appropriate action to protect clients’ interests. To the extent possible, attorney will discuss with client the need for the other attorney and identify the other attorney, prior to having the substitute attorney temporarily act for or appear for the primary attorney and the client.
No Guarantee of Result. Client understands that the Attorney does not guarantee any specific results and that the nature of a domestic relations or other matter is such that evaluations of the case and advice as to dealing with particular items or transactions is subject to change from time to time as the case progresses and circumstances and/or the Client’s goals change.
No Cost Estimate Due to Factors Beyond Control. Client further states that he/she understands that a significant part of what is done in a domestic relations case or other matter is based on what the opposing party does or does not do and upon other factors over which neither the Attorney nor the Client have any control. Such factors, particularly the action or the inaction of the opposing party, may substantially increase the fees and costs involved, and therefore there is no realistic way that the fees and costs can be estimated or controlled.





My old Director of Studies said I was an